Explanation:

The Himachal Pradesh government has enacted a transformative amendment to its child-care leave rules, marking a significant milestone in the support of working mothers with children who have disabilities.

This policy change is the culmination of a compelling legal journey that underscores the constitutional commitment to workforce equality and maternal support, reflecting a broader societal recognition of the challenges faced by these families.

The amendment originated from the plight of an Assistant Professor at the Government College in Nalagarh, who was grappling with the demands of caring for her 14-year-old son diagnosed with Osteogenesis Imperfecta (OI), a genetic condition characterized by fragile bones that require constant medical attention and multiple surgeries.

After exhausting all her sanctioned leaves, she found herself in a precarious situation, unable to balance her professional responsibilities with her caregiving duties. The existing state provisions were inadequate to meet her needs, prompting her to seek judicial intervention to secure the necessary leave to care for her son.

Initially, the Assistant Professor's plea faced a setback when the Himachal Pradesh High Court dismissed her petition in 2021, citing the lack of provisions for extended leave in the state’s service rules.  However, the Supreme Court recognized the gravity of the situation, describing the denial of adequate leave as a "serious" oversight that infringed upon women's constitutional rights to equal participation in the workforce. The Court emphasized that without appropriate provisions like child-care leave, mothers might be compelled to exit the workforce, fundamentally undermining their professional opportunities and economic independence.

In response to the Supreme Court's intervention, the Himachal Pradesh government was instructed to convene a committee led by the Chief Secretary to deliberate on the policy implications and formulate a suitable framework to address the needs of working mothers with disabled children.

Constitutional perspective

The Supreme Court's ruling highlighted that women's participation in the workforce is not merely a privilege but a constitutional entitlement protected under Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.

The Court's emphasis on these articles underscores the necessity of creating an enabling environment for women to balance their professional and caregiving roles without facing discrimination or undue hardship.

Key provisions of the Amendment

The Himachal Pradesh government in this regard, enacted the Central Civil Services (Leave) Himachal Pradesh Amendment Rules, 2024, introducing Rule 43C. This landmark rule allows female government employees to:

• Take up to 730 days of child-care leave: This extended leave provision is designed to provide substantial support to mothers who need to care for their children with disabilities.
• Support children with disabilities of 40 percent or more: The amendment specifically targets children with significant disabilities, ensuring that the most vulnerable receive the necessary care.
• Provide care until the child reaches the age of 20: This provision acknowledges the long-term caregiving needs of children with disabilities, allowing mothers to remain in the workforce while fulfilling their parental responsibilities.